Thomas v. Corinthian Enterprises Ltd. et al., (1972) 2 Nfld. & P.E.I.R. 485 (NFSC)

• Judge: Puddester, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: February 18, 1972
• Jurisdiction: Newfoundland and Labrador
• Citations: (1972), 2 Nfld. & P.E.I.R. 485 (NFSC)

Thomas v. Corinthian Ent. (1972), 2 Nfld. & P.E.I.R. 485 (NFSC)

MLB headnote and full text

Thomas v. Corinthian Enterprises Limited et al.

Indexed As: Thomas v. Corinthian Enterprises Ltd. et al.

Newfoundland Supreme Court

At Trial

Puddester, J.

February 18, 1972.

Summary:

The trial court allowed the plaintiff's action and held the defendant bridge contractor liable in negligence for damages resulting from collision between the plaintiff's motor vehicle and a bridge. An additional paved lane was built on a widened highway to 100 feet from the old highway bridge, which was in the process of being widened to accommodate the new lane. There were no warning lights or signs. The plaintiff drove along the new lane and collided with the bridge. The constructors of the highway had completed their work and left the site.

The plaintiff brought action against the bridge contractor, the highway contractor, and the paving contractor.

The trial court held that the highway and paving contractors were not liable since they had completed their work and left the site. The trial court held that the bridge contractor's responsibility extended to the whole site, including the approaches to the bridge. The trial court held that the situation constituted a trap and that the bridge contractor had a duty to warn users of the highway of the dangerous situation.

Building Contracts - Topic 8564

Liability of builder to third parties - Construction in public places - Negligence - Road and highway construction - Construction site trap to motorists - Liability of contractor - New lane of widened highway leading to unwidened bridge - Contractor in process of widening bridge - No warning lights or signs - Constructors of highway completed work up to approach to bridge - Driver of motor vehicle drove at night on new highway lane into bridge construction - Newfoundland Supreme Court held bridge site included approach - Trial court held that bridge contractor had duty to warn users of highway of danger present at bridge site - Trial court held bridge contractor negligent.

Cases Noticed:

London and Northwesters Railway Co. v. County Council of the North Riding of Yorkshire, [1936] 1 All E.R. 692, dist.

Bozak v. Eagle Creek No. 376, 62 D.L.R.(2d) 64, refd to.

Marion v. Monarch Construction Co. Ltd. (1960-61), 33 W.W.R. 241, refd to.

Lambert v. Dominion Bridge Co. Ltd., [1965] B.R. 809 (Q.B.), refd to.

Boucley v. City of Montreal et al., [1966] 1 B.R. 764 (C.A.), refd to.

Valee v. La Ville de Val D'or, [1961] Que. Q.B. 267, refd to.

Dumoulin v. LaChapelle et Bibeault Ltd., [1960] C.S. 688 (Que. S.C.), refd to.

Counsel:

F.R. Woolridge, for the plaintiff;

Leo D. Barry, for the defendant Corinthian Enterprises Ltd.;

E.G.M. Doucette, for the defendant Lundrigans Limited;

P.J. Lewis, Q.C., for the defendant McNamara Construction of Newfoundland Limited.